52. Trial de novo.
a. "The lower court had before it the same evidence as // the
board. Its function was not to conduct a trial de novo, but to ascertain as a
matter of law if there was any substantial evidence before the board which would
sustain the board's action. The function of this court at this time is the same
as that of the lower court."
McKenzie v. Shelly, 77 Nev. 237, 240-241, 362
P.2d 268 (1961). No. 6.
b. Court erred by conducting a trial de novo. "Its province
was confined to a review of the record of evidence presented to the Clark County
Board of Commissioners and the Planning Department, with its primary focus on
the variance itself."
Clark Co. Bd. Comm'rs v. Taggart Constr., 96
Nev. 732, 734, 615 P.2d 965 (1980). No. 24.